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IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`EVS CODEC TECHNOLOGIES, LLC,
`SAINT LAWRENCE COMMUNICATIONS
`LLC,
`
`Plaintiffs,
`
`v.
`
`ONEPLUS TECHNOLOGY (SHENZHEN)
`CO., LTD.,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CIVIL ACTION NO. 2:19-CV-00057-JRG
`
`ORDER
`
`Before the Court is Plaintiffs EVS Codec Technologies LLC and Saint Lawrence
`
`Communications, LLC (collectively, “Plaintiffs”) and Defendant OnePlus Technology (Shenzen)
`
`Co., Ltd.’s (“OnePlus”) (together with Plaintiffs, the “Parties”) Joint Motion for 45-Day
`
`Continuance in View of Governmental/Public Health Restrictions in Response to Covid-19 Virus
`
`Impact (the “Motion”). (Dkt. No. 62.) In the same, the Parties request a 45-day continuance of the
`
`current deadlines in the above-captioned case to allow them to complete their noticed Rule 30(b)(6)
`
`corporate depositions, and to allow their experts to review the Qualcomm source code. The Parties
`
`represent that they need this continuance due to complications in completing the discovery due to
`
`COVID-19. Having considered the Motion, the reasoning therein, and the Court’s schedule, the
`
`Court is of the opinion that the Motion should be and hereby is GRANTED-AS-MODIFIED.
`
`Accordingly, it is ORDERED that the following schedule of deadlines is in effect until
`
`further order of this Court:
`
`1
`
`APPLE 1041
`
`

`

`Current Date1
`
`New Date
`
`Event Description
`
`September 14, 2020 October 5, 2020
`
`*Jury Selection – 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
`
`N/A
`
`August 31, 2020
`
`August 10, 2020
`
`August 31, 2020
`
`August 3, 2020
`
`August 24, 2020
`
`August 3, 2020
`
`August 21, 2020
`
`July 27, 2020
`
`August 17, 2020
`
`If a juror questionnaire is to be used, an editable
`(in Microsoft Word format) questionnaire shall
`be jointly submitted to the Deputy Clerk in
`Charge by this date. 2
`
`*Pretrial Conference – 9:00 a.m. in Marshall,
`Texas before Judge Rodney Gilstrap
`
`*Notify Court of Agreements Reached During
`Meet and Confer
`
`The parties are ordered to meet and confer on
`any outstanding objections or motions in limine.
`The parties shall advise the Court of any
`agreements reached no later than 1:00 p.m. three
`(3) business days before the pretrial conference.
`
`*File Joint Pretrial Order, Joint Proposed Jury
`Instructions, Joint Proposed Verdict Form,
`Responses to Motions in Limine, Updated
`Exhibit Lists, Updated Witness Lists, and
`Updated Deposition Designations
`
`*File Notice of Request for Daily Transcript or
`Real Time Reporting.
`
`If a daily transcript or real time reporting of
`court proceedings is requested for trial, the party
`or parties making said request shall file a notice
`with the Court and e-mail the Court Reporter,
`Shelly
`Holmes,
`at
`shelly_holmes@txed.uscourts.gov.
`
`1 Current Date reflects dates in the current Docket Control Order. (Dkt. No. 39.)
`2 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance of Voir
`Dire.
`
`2
`
`

`

`
`
`
`
`July 16, 2020
`
`August 12, 2020
`
`File Motions in Limine
`
`The parties shall limit their motions in limine to
`issues that if improperly introduced at trial
`would be so prejudicial that the Court could not
`alleviate the prejudice by giving appropriate
`instructions to the jury.
`
`July 16, 2020
`
`August 12, 2020
`
`Serve Objections
`Disclosures
`
`to Rebuttal Pretrial
`
`July 9, 2020
`
`August 5, 2020
`
`June 25, 2020
`
`July 26, 2020
`
`June 22, 2020
`
`July 23, 2020
`
`June 8, 2020
`
`July 9, 2020
`
`Serve Objections to Pretrial Disclosures; and
`Serve Rebuttal Pretrial Disclosures
`
`(Witness List,
`Serve Pretrial Disclosures
`Deposition Designations, and Exhibit List) by
`the Party with the Burden of Proof
`
`*Response to Dispositive Motions (including
`Daubert Motions). Responses to dispositive
`motions that were filed prior to the dispositive
`motion deadline, including Daubert Motions,
`shall be due in accordance with Local Rule CV-
`7(e), not to exceed the deadline as set forth in
`this Docket Control Order.3 Motions for
`Summary Judgment shall comply with Local
`Rule CV-56.
`
`*File Motions to Strike Expert Testimony
`(including Daubert Motions)
`
`No motion to strike expert testimony (including
`a Daubert motion) may be filed after this date
`without leave of the Court.
`
`
`3 The parties are directed to Local Rule CV-7(d), which provides in part that “[a] party’s failure to oppose a motion
`in the manner prescribed herein creates a presumption that the party does not controvert the facts set out by movant
`and has no evidence to offer in opposition to the motion.” If the deadline under Local Rule CV 7(e) exceeds the
`deadline for Response to Dispositive Motions, the deadline for Response to Dispositive Motions controls.
`
`3
`
`

`

`June 8, 2020
`
`July 9, 2020
`
`*File Dispositive Motions
`
`No dispositive motion may be filed after this
`date without leave of the Court.
`
`Motions shall comply with Local Rule CV-56
`and Local Rule CV-7. Motions to extend page
`limits will only be granted in exceptional
`circumstances. Exceptional
`circumstances
`require more than agreement among the parties.
`
`May 28, 2020
`
`June 30, 2020
`
`Deadline to Complete Expert Discovery
`
`May 14, 2020
`
`June 16, 2020
`
`Serve Disclosures for Rebuttal Expert Witnesses
`
`April 23, 2020
`
`June 1, 2020
`
`April 23, 2020
`
`June 1, 2020
`
`Deadline to Complete Fact Discovery and File
`Motions to Compel Discovery
`
`Serve Disclosures for Expert Witnesses by the
`Party with the Burden of Proof
`
`4
`
`.
`
`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 13th day of April, 2020.
`
`

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